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Port Macquarie NSW

Beauty Point Retirement Resort

Beauty Point Retirement Resort
Padstow Heights NSW


Port Stephens NSW


Retirement Villages in New South Wales (NSW) - Information and Representations

The regulation of retirement villages in New South Wales (NSW) is the responsibility of the New South Wales State Government. The retirement villages laws comprise the Retirement Villages Act 1999 (the Act) and the Retirement Villages Regulation 2009 (the Regulations). The Act obliges the operator of a retirement village to provide:

  1. a general inquiry document within 14 days of becoming aware that a person is a prospective resident or is acting on behalf of a prospective resident (section 18)
  2. a disclosure statement to a prospective resident or a person acting on behalf of a prospective resident within 14 days of receiving a request to provide it or receiving an expression of interest in particular premises within the retirement village (section 18).

The general inquiry document must give a basic explanation of the residential premises, services and facilities that are available in the retirement village and must be in the form and contain the information prescribed in the Regulations. The form of the general inquiry document is found in Part 1 of Schedule 1 of the Regulations and provides for the inclusion of a range of information including:

  • the legal structure (ie lease, license, strata, rental etc.)
  • particulars of the operator
  • the range of accommodation in the village
  • whether there is an onsite aged care facility
  • the asking price to enter the village
  • the amount of the recurrent charges
  • whether a departure fee is payable
  • whether pets are allowed
  • whether residents can do their own gardening
  • whether there are organized social activities
  • whether there is a residents committee.

The disclosure statement is significantly more comprehensive and must give specific details of particular residential premises in the village. It must be in the form and contain the information prescribed in the Regulations and it must also be signed and dated by the operator. The form of the disclosure statement is found in Part 1A of Schedule 1 of the Regulations and provides for the inclusion of a range of additional information including:

  • notice that a 7 business day cooling-off period will generally apply
  • notice that there is a 90 day settling-in period during which you may terminate the contract
  • specific information regarding the premises you have expressed an interest in
  • the actual ingoing contribution and recurrent charges for the premises
  • the formula used to calculate the departure fee and whether you are entitled to a share of any capital gain that may accrue
  • details of the contracts that you will be required to enter into
  • particulars regarding village development, management, services and facilities
  • financial particulars regarding budgets, annual accounts, variation in recurrent charges
  • insurance particulars
  • payment history to former residents
  • security and safety features in the premises and the village
  • compliance history of the operator
  • whether there is an internal system for resolving disputes
  • whether there are any outstanding tribunal or court orders which the operator has not complied with.

The disclosure statement also includes a lengthy list of documents that you have the right to inspect or get a copy of at no charge to you. The list includes:

  • a site plan and detailed plans of the residential premises
  • examples of all contracts you may be required to enter into
  • the village’s waiting list policy
  • the village rules
  • various budgets and accounts
  • the terms of any relevant trust deed, development consent or capital works fund
  • relevant court or tribunal decisions from the last 5 years
  • certificates of currency of insurance
  • the last annual safety inspection report
  • a detailed list of all currently available/vacant premises in the village.

The Act also includes restrictions on what a developer or operator can say and do, including:

  • if development consent is required, they cannot promote the village until the consent is received (section 14)
  • if the village will have an associated residential aged care facility, they cannot advertise to that effect unless all authorisations have been obtained (section 15)
  • they cannot represent that a complex is a retirement village within the meaning of the Act, unless it actually is (section 17) - this is why manufactured home villages and rental villages are often called “lifestyle villages” or “retirement communities”, rather than “retirement villages”.

More Information?

For general information about retirement villages, please see our Retirement Villages Guide.

For specific information about retirement villages in New South Wales (NSW), please see the following pages:

  1. Introduction

  2. Information and Representations

  3. What is a "Registered Interest Holder"?

  4. Departure Fees

  5. Condition, Repair and Refurbishment

  6. Vacating the Premises

  7. Dispute Resolution

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